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What Is the ‘Howey Test’ and Its Relevance to Token Classification?

The Howey Test is a legal framework established by the U.S. Supreme Court to determine if a transaction qualifies as an 'investment contract,' and thus a 'security.' It is relevant to crypto because if a token is deemed a security, it falls under strict SEC regulation. The test requires an investment of money, in a common enterprise, with an expectation of profit, to be derived from the efforts of others.

This is the primary legal standard used to assess if a token sale constitutes an unregistered securities offering.

What Is the “Howey Test” and Its Relevance to Tokens?
How Does a Token’s Pre-Sale Structure Affect Its Howey Test Analysis?
What Is the Role of the SEC in Regulating Crypto Assets in the US?
What Was the Impact of the SEC’s DAO Report on ICO Regulation?